Trustees Archives - GilesFiles

Breaching fiduciary duty: Trustee misconduct?

by GilesFiles | Feb 13, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Cause of action defined, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Binding trust resolution: Valid suretyship agreement

by GilesFiles | Aug 1, 2025 | 2020 onwards, 2020 onwards, Allowed, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Legislation, Orders, Parties, Provisos, Sectors, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Liability for costs: Trustees personally liable

by GilesFiles | Aug 2, 2024 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Costs punitive, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Personal services, SCA judges, Sectors, Selected judges, Statutory, Supreme Court of Appeal, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Lifting corporate veil: Common law principles

by GilesFiles | Apr 21, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Grazing livestock rights: Tacit consent granted

by GilesFiles | Nov 11, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Interdicts & rules, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Statutory, Topics, Trustees | 0 |

Moladora Trust v Mereki On what basis do occupiers of farm land enjoy livestock grazing rights and is tacit consent sufficient to establish that right? “”32. The conclusion that there was tacit consent is, in my...

Actio communi dividundo: Co-ownership of property

by GilesFiles | Oct 1, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, General, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Parties, Pension & retirement funds, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Thought Leaders, Topics, Trustees | 0 |

Municipal Employees’ Pension Fund v Chrisal Investments (Pty) Ltd In considering the actio communi dividundo the SCA decided there is no closed list of instances of bound co-ownership and if the ‘relationship gives...

Fiduciary duty breached: Wrongful conduct discussed

by GilesFiles | Sep 2, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Damages, Declaratory, Exceptions/special pleas, General, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Parties, Roman Dutch law, SCA judges, Supreme Court of Appeal, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Occupier defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020 onwards, A G Binns-Ward, Allowed, Appeals, Applications, Causes and defences, Courts, Eviction/ejectment, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Statutory, Topics, Trustees | 0 |

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and respondents only qualified as ‘occupiers’ if their occupation...

Juristic personality examined: Need to cite trustees?

by GilesFiles | Mar 25, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Courts, Exceptions/special pleas, General, Irregular proceeding, Joinder, Judges, Legal Practice, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Trustees | 0 |

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

Conduct rules breached: Refused CSOS Act s 57 appeal

by GilesFiles | Jan 28, 2020 | 2020 onwards, Appeals, BC and HOAs, Causes and defences, Common law, Community schemes, Condonation, Courts, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Refused, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Trustee’s duty of care: Applicable to outsiders?

by GilesFiles | Feb 20, 2018 | 2018, Causes and defences, Courts, High Court, High Court judges, Interpretation etc, Judges, Private enterprises, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Trustees lacking authority: Body corporate affairs

by GilesFiles | Jul 14, 2015 | 2015, BC and HOAs, Community schemes, High Court, Trustees | 0 |

Body Corporate of the Falcons v Rademan (A637/2013, 16173/2012) [2015] ZAGPPHC 459 (14 July 2015) per WRC Prinsloo J [MF Legodi and MW Msimeki JJ concurring] The Falcons consists of 79 individual upmarket units in a sectional...

Category: Trustees